Miami Negligent Security Lawyers

Holding Property Owners Responsible for Reckless Acts and Safety Failures

In a typical personal injury case, an injury victim is tasked with showing that another party’s actions caused them harm. In many instances, this relates to direct actions (e.g., speeding on the road, unsafe products, etc.) that are clearly the fault of the negligent party. However, it’s also the case that liability can be established when someone fails to take action. This is common in premises liability cases, and if you’ve been harmed on someone else’s property, a Miami negligent security lawyer may be able to help.

At Linton Robinson & Higgins, LLP, our team of experienced legal professionals has handled many negligent security cases. Whether you’re visiting a store, enjoying a night at the club, or simply walking around your apartment complex — property managers and owners have a duty to ensure your safety. When a lack of adequate security results in harm — typically related to criminal acts — you may be able to hold negligent parties financially responsible for your losses. Let our law firm help.

What Is a Negligent Security Claim?

Negligent security cases often arise when property owners and others who oversee a premises fail to implement adequate security measures. For instance, envision a scenario where a business is located in a dangerous neighborhood. After all, we need gas stations and other services regardless of where we are. If the business owner knows that they’re in a dangerous area, it’s their responsibility to make the location a safe environment. This can be done by installing security cameras, keeping the parking lot brightly lit, and always contacting the police when a crime occurs.

When property owners, managers, and other entities in charge of safety fail in their duty, they may be held liable for financial damages. Such damages could come in the form of medical expenses, lost income, and property damage — but they may also have to reimburse victims for non-economic losses (e.g., pain and suffering, emotional distress). Put simply, a property manager or owner is expected to keep preventable harms from occurring. If you or a loved one suffered an injury due to failure in this duty, contact our Miami negligent security attorneys today.

How Is Liability Established in Negligent Security Cases?

Just like in a car accident or other personal injury claim, the main goal in any security negligence case is to establish liability. In some cases, it may be property owners or operators whose actions resulted in harm. In other instances, it could be security companies, employers, event organizers, and even government entities who bear responsibility. A negligent security lawyer in Miami can help you better identify liable parties. Regardless of who is at fault in your injury case, though, securing compensation requires establishing three elements:

Duty of care: It’s first necessary to show that an at-fault party had a duty to ensure the safety of individuals lawfully present on their property. This can be straightforward since property and business owners are expected to provide reasonable security against foreseeable harms.
Violation of duty: It’s also necessary to show that a violation of duty occurred. For instance, perhaps the owner of local parking garages failed to replace broken light fixtures — and this attracted criminals seeking anonymity to rob or assault individuals parked in a garage.
Causation of harm: Violations of duty do not always lead to harm. In some instances, a lack of security guards or other safety measures will never have a negative outcome. However, liability will likely exist if these violations result in physical, financial, emotional, or other harms.

If these three elements exist, then you may have a valid negligent security case. However, it’s important that you never make assumptions about a potential claim. Even if you think the only person responsible for your injuries is the criminal who caused them, you may not know the entire story. It’s possible that the property manager was fully aware that a dangerous person was coming around, or maybe a store owner knew their security camera was non-functional. Whether you suffered a minor injury or lost a loved one in a wrongful death case, seeking legal representation is advisable.

At Linton Robinson & Higgins, you’ll work with a Miami negligent security lawyer who will identify all potentially liable parties and fight to ensure you get the financial compensation you deserve.

What Are the Most Common Inadequate Security Cases?

Negligent security cases are a form of premises liability. This is an expansive area of the law, and people are often surprised to learn how many situations can lead to such a case. The following are some of the most common types of negligent security cases our law firm encounters — and they go to show how serious the law is about safeguarding citizens on public and private property. If you were harmed in Miami or anywhere in South Florida due to one of the following security failures, our law firm may be able to help:

Inadequate lighting: Proper lighting is one of the most essential security measures to undertake. Criminals often target dark areas where they can hide.
Faulty or broken locks: Properties must be adequately secured, and improperly functioning locks cannot accomplish this. This literally leaves the door open for potential criminals.
Lack of security personnel: Some places — particularly those with a history of crime — should have security guards or a paid police presence.
Unsecured entrances or exits: Property owners and managers must take reasonable measures to ensure their entrances and exits are properly secured.
Lack of access control: Negligent security claims often arise due to a lack of access control (e.g., keycards or door codes) that allow anyone to enter the premises.
Failure to perform background checks: Hiring employees without a background check could result in violent criminals being in proximity to others.
Poor landscaping: A lack of proper landscaping can lead to overgrown areas where criminals can hide.
Lack of security cameras: One of the easiest ways a property owner can protect others on their property is to have security cameras. These often serve as a deterrent to crime.
Failure to respond to prior incidents: If an incident occurred and was not properly handled, it invites additional instances of crime.
Lack of security at public events: Public events often require higher levels of security than would be expected on a typical day.
Insufficient staff training: Staff members should be adequately trained to handle emergency situations that are foreseeable.
Failure to respond to complaints: When criminals see complaints going unanswered, they often feel they can act with impunity.

While most of these examples relate to criminal actions, crime isn’t the only outcome of negligent security. For example, inadequate lighting could also result in slip-and-fall accidents. Similarly, a lack of fencing could lead to animal attacks. The main thing to remember is that — if you were harmed on someone else’s property — you may be entitled to compensation.

Contact a Miami negligent security lawyer at Linton Robinson & Higgins today.

What Damages Are You Entitled To?

When someone is harmed due to negligent security, it’s often the case that a settlement can be reached. This is frequently beneficial to the injury victim — as their attorney can negotiate a fair settlement without going to court. However, this will not always be possible. Litigation may be necessary if an insurance company or negligent third party refuses to offer appropriate compensation.

In such cases, victims with injuries may be entitled to the following:

Economic damages: This form of damages reimburses injured individuals for financial losses. These could include lost wages, medical expenses, property damage, and more.
Non-economic damages: Also known as general damages, these reimburse victims for non-financial losses. Potential compensation could include pain and suffering, loss of enjoyment in life, and emotional distress.
Punitive damages: This is a form of punishment directed at the liable party in a negligent security case. These are additional damages only granted in the most egregious cases.

It’s always a good thing when an injury victim can secure compensation without going to court. Unfortunately, liable parties will not always make this possible. However, this doesn’t mean you’re out of options. Our Miami negligent security lawyers can review your case and help you understand all your options. Contact us today for a free consultation. There’s no obligation, and you can learn more about your rights.

Contact Our Miami Negligent Security Attorneys Today

Whether you’re perusing your favorite West Palm Beach shopping centers or simply trying to go home after a long day’s work, you shouldn’t have to worry about the prospect of being harmed. Unfortunately, negligent parties often fail to provide adequate safety measures for those on their properties. This is incredibly disheartening considering how simple it is — sometimes only requiring a commitment to adequate lighting — for property owners and managers to safeguard those they have a duty to keep safe. If you or a loved one have been harmed, it’s in your best interest to contact an attorney.

At Linton Robinson & Higgins, LLP, our prior results speak for themselves. Our clients know we care about their physical, financial, and emotional well-being. Other attorneys will no doubt willingly take on your case, but when you speak with a Miami negligent security lawyer at our firm, you’ll know that you’re getting unwavering commitment. We’ll fight hard to secure a better outcome on your behalf — whether this means representing you during settlement negotiations or taking your case to trial. Contact us at (786) 882-7316 to schedule your free consultation.

We’re here to assist.